Dear Friends,
Before posting my query i would like to extend my greetings to all the members of this forum/ site, i have visited this site in the past via various google hits i got on my searches and i must say that i feel that i am indeed in company of distinguished gentlemen, i feel quite happy and priviliged to be here and i am sure that during my stay i shall be enriched by all the wisdom i see people have in here, i congratulate my fellow members for being so helpful to all newbies like me and i hope that some day even i might be able to contribute to this forum in my own small way! thanks again!
So my query is:
That in the proviso of Section 21 of the Uttar Pradesh Urban Building (regulation of letting rent and eviction) act, 1972, the particular word which has been used is "purchase" which by reading appears that the intent of the legislation was to limit the applicability of the proviso to cases of "sale" only, however my question is that whether this word purchase shall include all instances of transfer( inter vivos) like gift etc. or just sale? For clarification i might add that i am referring to the proviso wherein a six months notice or a three years waiting time has been prescribed by the aforesaid act before the new "purchaser" can seek eviction of a pre existing tenant. In my case a gift deed has been executed by the original landlord in favor of his daughter in the year 2010 who without issuing any notice of 6 months or waiting for a period of 3 yearsa have immediately filed an application for eviction against my client u/s 21 of the aforesaid act. I would highly appreciate if any citation or ruling might be cited by any members in here which deals with this specific issue, wherein the courts might have interpreted the word " purchase".
Ashish
